Supreme Court of the Northern Territory

Last updated

Supreme Court of the Northern Territory
Coat of arms of the Northern Territory.svg
Darwin (AU), Supreme Court -- 2019 -- 4347.jpg
Northern Territory Supreme Court Building
Supreme Court of the Northern Territory
12°28′00″S130°50′38″E / 12.46675°S 130.843936°E / -12.46675; 130.843936
EstablishedMay 30, 1911 (1911-05-30)
JurisdictionFlag of the Northern Territory.svg  Northern Territory
Location Darwin
Coordinates 12°28′00″S130°50′38″E / 12.46675°S 130.843936°E / -12.46675; 130.843936
Composition methodAppointed by the Administrator on the advice of the Attorney-General
Authorized by Parliament of the Northern Territory via the: Supreme Court Act 1979 (NT)
Appeals to High Court of Australia
Appeals from Local Court of the Northern Territory
Judge term lengthMandatory retirement by age of 72
Number of positions6
Website https://supremecourt.nt.gov.au/
Chief Justice of the Northern Territory.
Currently Michael Grant
SinceJuly 2016 (2016-07)

The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy.

Contents

Early history

Shortly after the first settlement at Palmerston, Port Darwin in 1869–70, pressure was placed upon the South Australian government to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875. [1]

Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the Supreme Court of South Australia in all but trials of capital offences.

From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the full powers of the Supreme Court of South Australia under the Northern Territory Justice Act. [2]

History

The court was established on 30 May 1911, shortly after South Australia surrendered the territory to the Commonwealth. The first judge of the court was Samuel James Mitchell. The only person to hold the office of Chief Judge, which was created in 1975, was Sir William Forster who held the position from 1977-1979. The position title was changed to Chief Justice in 1979, and Forster was the first Chief Justice from 1979-1985. There have been six chief justices since 1979. [3] There are currently six resident judges (including the Chief Justice) and two additional judges and two acting judges, making a total of ten Supreme Court justices. [4]

In 1927, when the Northern Australia 1926 Act (Cth) came into force, the Northern Territory was divided into two territories; North Australia and Central Australia. The Supreme Court was not abolished, but continued to exist as the Supreme Court of North Australia and the Supreme Court of Central Australia. [5] After the Northern Territory Act was repealed in 1931, the Northern Territory was reconstituted as a single Territory of the Commonwealth. The Supreme Court of Central Australia was abolished and the Supreme Court of North Australia continued as the Supreme Court of the Northern Territory. [6]

In 1935 the Court began its first sittings on circuit in Alice Springs, [7] a practice which still continues today. Circuit sittings in Katherine were also introduced in 1996.

When a new Supreme Court complex was built, Indigenous artist Norah Nelson Napaljarri was chosen to design a mosaic for its forecourt. [8]

The design concept of the Supreme Court, as requested by the client the Northern Territory Government, was to reflect the elements of the "Greek Revival" Hong Kong Shanghai Bank constructed in Hong Kong in the 1800s viz: the colonnade around the building, the mansard roof and the portico entrance as well as giving reference to its tropical location and its colonial past.

The collaborating architects were Peter Doig, Ron Findlay and Roger Linklater: the interior was designed by Susie Cole. The architectural style is best described as Neo-colonial.

Other

The Supreme Court occasionally sits in other locations in the Northern Territory, including Katherine, Tennant Creek and Nhulunbuy. The Supreme Court has also on occasion sat at remote aboriginal communities.

The Supreme Court includes the Court of Appeal, Court of Criminal Appeal, Civil and Criminal Trials and Appeals from the Northern Territory Magistrates Court. [9]

Judgments from Supreme Court trials are available to the public, [10] as are the sentencing remarks, [11] unless a suppression order has been taken preventing these being released (for example, involving juveniles, public figures or in some controversial matters).

Judges of the Supreme Court of the Northern Territory

As at November 2019 (appointment date in brackets):

Chief Justice

NameDate appointed
Chief Justice Michael Grant [12] 5 July 2016

Judges

NameDate appointed
Justice Stephen Southwood 31 January 2005
Justice Judith Kelly 12 August 2009
Justice Jenny Blokland 9 April 2010
Justice Peter Barr 30 September 2010
Justice Graham Hiley 1 March 2013
Justice Sonia Brownhill 2 November 2020

Additional Judges

NameDate appointed
John Reeves May 2009

Acting Judges

NameDate appointed
Acting Justice Dean Mildren 1 March 2013
Acting Justice Brian Martin 2010
Acting Justice Trevor Riley
Acting Justice Anthony Graham August 2017

Master

NameDate appointed
Vince Luppino2009

See also

Related Research Articles

<span class="mw-page-title-main">United States courts of appeals</span> Post-1891 U.S. appellate circuit courts

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law.

John Jeremy Doyle,, Australian jurist, was the Chief Justice of the Supreme Court of South Australia, the highest ranking court in the Australian State of South Australia, between 1995 and 2012.

Puisne judge and puisne justice are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, puis, "since, later" + , and "born", which have been combined as French: puisné or puîné; meaning "junior".

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

<span class="mw-page-title-main">Supreme Court of the Australian Capital Territory</span> Superior court of the Australian Capital Territory, Australia

The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters.

<span class="mw-page-title-main">John Elferink</span> Australian politician

Johan Wessel Elferink is an Australian politician. He is a former member of the Northern Territory Legislative Assembly for the Country Liberal Party.

Sir William Edward Stanley Forster was the first Chief Justice of the Supreme Court of the Northern Territory holding that position from 1979 to 1985. Before that he was the first Chief Judge from 1977 to 1979 and Senior Judge from 1971 to 1977, all positions which were effectively the same.

<span class="mw-page-title-main">Supreme Court of Norfolk Island</span> Superior court for the Australian territory of Norfolk Island

The Supreme Court of Norfolk Island is the superior court for the Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. It also has jurisdiction over the Coral Sea Islands Territory. All matters are heard before a single judge, including appeals from the Court of Petty Sessions. In the Australian court hierarchy, it is one of eight state and territory Supreme Courts having unlimited jurisdiction in their respective parts of Australia. Appeal lies to the Federal Court of Australia, from which an appeal by special leave can be made to the High Court of Australia.

<span class="mw-page-title-main">Federal Court of Australia</span> Australian superior federal court

The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law, along with some summary and indictable criminal matters. Cases are heard at first instance mostly by single judges. In cases of importance, a full court comprising three judges can be convened upon determination by the Chief Justice. The Court also has appellate jurisdiction, which is mostly exercised by a Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act.

<span class="mw-page-title-main">States and territories of Australia</span> First-level administrative subdivisions of Australia

The states and territories are the second level of government of Australia. The states are administrative divisions that are self-governing polities that are partly sovereign, having ceded some sovereign rights to the federal government. They have their own constitutions, legislatures, executive governments, judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government.

Dean Mildren, is a former judge of the Supreme Court of the Northern Territory. He was appointed to the court on 27 June 1991, and retired February 2013. He is sworn in as an acting judge of the court, so from time to time still adjudicates on cases in the Northern Territory.

The Youth Justice Court of the Northern Territory is an Australian court which hears and determines cases concerning crimes committed by children under the age of 18 years in the Northern Territory.

<span class="mw-page-title-main">Local Court of the Northern Territory</span>

The Local Court of the Northern Territory is one of two levels of court in the Northern Territory of Australia. It has jurisdiction in civil disputes up to A$250,000, and in criminal cases in the trial of summary offences, and also deals with preliminary matters for indictable offences which are then heard by the Supreme Court of the Northern Territory. There are local courts held in Darwin, Alice Springs, Katherine, Tennant Creek, and some "bush courts" in remote locations.

The Court of Summary Jurisdiction is a court in the Northern Territory of Australia. It has jurisdiction to deal with criminal offences which occur in the territory. It is one of the courts that is usually referred to as a magistrates court.

<span class="mw-page-title-main">Magistrates Court of the Australian Capital Territory</span> Court in Australia

The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory.

Martin Leach, is a convicted rapist and double murderer in Australia, and has been described as one of, if not the Northern Territory's worst, killer.

John David Phillips KC is an Australian lawyer and judge who served on the Supreme Court of Victoria from 1990 to 2004.

Life imprisonment is the most severe criminal sentence available to the courts in Australia. Most cases attracting the sentence are murder. It is also imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.

John Dominic Burns is an Additional Judge of the Supreme Court of the Northern Territory, a former Judge of the Supreme Court of the Australian Capital Territory and a former Chief Magistrate of the Australian Capital Territory.

References

  1. "History of the Supreme Court". nt.gov.au. Archived from the original on 18 September 2008.
  2. Northern Territory Justice Act (SA) (PDF) via Austlii
  3. "not found". www.supremecourt.nt.gov.au. Retrieved 25 August 2024.
  4. "Judges". 27 June 2021.
  5. "North Australia Act, No. 16 of 1926". Commonwealth of Australia. 4 June 1926. pp. 55–56. Retrieved 2 October 2018. Clause 40; Continuation of Courts
  6. "Northern Territory (Administration) Act (No 2) 1931 (NO. 7, 1931)". Commonwealth of Australia. 26 June 1931. pp. 11–12. Retrieved 2 October 2018. Clause 5; Continuation of Courts
  7. "Alice Court". www.nt.gov.au.
  8. Birnberg, Margo; Janusz Kreczmanski (2004). Aboriginal Artist Dictionary of Biographies: Australian Western, Central Desert and Kimberley Region. Marleston, South Australia: J.B. Publishing. p. 209. ISBN   1-876622-47-4.
  9. "Structure". www.nt.gov.au.
  10. "not found". www.nt.gov.au. 2005. Retrieved 25 August 2024.
  11. "Sentencing Remarks". www.nt.gov.au. 2005.
  12. "The Honourable Justice Trevor Michael Grant - The Supreme Court of the Northern Territory". www.supremecourt.nt.gov.au. Archived from the original on 28 August 2016.